State v. Deck

PER CURIAM

Under a plea agreement, defendant pleaded guilty to burglary in the first degree and attempted rape in the first degree. In a separate proceeding, he pleaded guilty to sexual abuse in the third degree. Two separate judgments were entered, but the convictions were consolidated for sentencing. On the burglary conviction,¹ the trial court imposed an 80-month upward-departure incarceration term “subject to ORS 137.635.”

The state concedes that the trial court erred in imposing the upward-departure sentence, because defendant had not been convicted of any felony designated in the applicable subsection of ORS 137.635. We accept the concession.

Convictions affirmed; remanded for resentencing.

1 Defendant assigns error only to the sentence imposed on the burglary conviction.